Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data,...more
The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more
1/27/2023
/ Appeals ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Disclosure ,
Enforcement ,
Investigations ,
Investment ,
Investors ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Motion to Dismiss ,
New York ,
Public Statements ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Remand ,
Securities and Exchange Commission (SEC) ,
Vacated
As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s...more
On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC)...more
11/29/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Farm Bill ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Regulatory Agenda ,
THC
As Congress continues to debate the SAFE Banking Act, cannabis business and financial institutions should pay close attention to the bill’s potential to transform the accessibility of banking and payment processing solutions...more
6/1/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Financial Institutions ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
New Regulations ,
Proposed Regulation ,
SAFE Act ,
State and Local Government ,
State Legislatures
On May 26, the FDA issued warning letters to four companies alleging that the companies sold unapproved animal drugs containing cannabidiol (CBD). Specifically, these products were intended for use in food-producing...more
On May 13, the FDA issued a public warning regarding reports of accidental ingestion of food products containing tetrahydrocannabinol (THC) by children. The FDA warned that edible products containing THC “can be easily...more
California enacted statute AB 45 in October 2021, authorizing the use of hemp and hemp-derived cannabidiol (CBD) in food, beverages, dietary supplements, and cosmetics at the state level. Now, state regulators have proposed...more
Earlier today, May 4, 2022, the FDA issued warning letters to five companies selling products that contain delta-8 tetrahydrocannabinol (Delta-8 THC). Several of the companies also manufactured products containing...more
5/4/2022
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Claims ,
Marijuana Related Businesses ,
Product Labels ,
Warning Letters
Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with...more
DOJ Attorney’s House Testimony: Industry “Unpopular” With Attorney General Barr -
The federal government does not generally enforce the Controlled Substances Act (CSA) in states that have legalized cannabis, unless...more
The federal Food and Drug Administration (FDA) just released a report to Congress regarding the agency’s progress toward comprehensive regulation of hemp-derived cannabidiol (CBD). The report echoes the hard-line approach to...more
3/9/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Enforcement Actions ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
Health Claims ,
Marijuana ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Rulemaking Process
California’s Office of Environmental Health Hazard Assessment (OEHHA) added ?9-tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. Proposition 65,...more
2/15/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Disclosure Requirements ,
Manufacturers ,
Marijuana ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Safe Drinking Water Act ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
Since late February 2019, the U.S. Department of Agriculture (USDA) has been promising to publish guidelines regarding hemp production. Aside from the obvious importance of these guidelines to hemp farmers, the guidelines are...more
11/4/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interim Final Rules (IFR) ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Public Comment ,
Tribal Governments ,
USDA
The U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a joint warning letter on Tuesday, October 22, 2019, to Rooted Apothecary, LLC, alleging that the Florida-based company has been making...more
10/28/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana Related Businesses ,
Marketing ,
Risk Mitigation
Following the recent public hearing held by the Food and Drug Administration (FDA) regarding the safety and efficacy of cannabidiol (CBD), many in the food and beverage industry asked how long it will take for the agency to...more
8/5/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Dietary Supplements ,
Expedited Approval Process ,
Expedited FDA Approval ,
FDA Approval ,
FDA Commissioner ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Marijuana-Infused Edibles ,
Rulemaking Process
On May 31, 2019, the Food and Drug Administration (FDA) held its first public hearing concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food,...more
6/3/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Public Comment ,
Public Hearing